Tort & Insurance Litigation

Insurance:  Coverage Litigation

We provide insurance carriers with advice and opinions on fiduciary liability, D&O/management liability, environmental, toxic tort and other complex coverage litigation matters. We represent clients in state and federal courts as well as in arbitration proceedings and hearings before administrative agencies. We represent insurers with regard to ratings and other regulatory matters before administrative agencies, and we advise and counsel our clients on a regular basis on a wide range of policy issues.

We are experienced in commercial general liability insurance, professional liability insurance, D&O insurance, E&O insurance, excess insurance and reinsurance, as well as environmental impairment and other specialty lines.  Our lawyers are actively involved in advising clients and litigating issues concerning insurer insolvencies. The firm represents the state guaranty fund in Maryland and has represented other such funds throughout the country.

Recent examples of our work include:

  • Advising and providing coverage analysis in a complex multi-party, multidistrict class action lawsuit alleging violations of antitrust laws and federal trade commission regulations.
  • Advising and providing coverage analyses and defense in coverage litigation in intellectual property disputes.
  • Representing a group of insurers in litigation with a regulated utility concerning its environmental and asbestos liabilities.
  • Representing an insurer in coverage litigation concerning landlord-tenant habitation issues and the "invasion of the right of private occupancy" clause in the personal injury coverage in a series of CGL policies.
  • Advising and providing coverage analysis concerning D&O coverage in business litigation matters.
  • Advising and providing coverage analysis under Bankers' Liability policies.
  • Litigation of statutory issues relating to rights and liabilities of Maryland's guaranty fund, the Property & Casualty Insurance Guaranty Corporation, including the guaranty fund's obligations for pre-insolvency settlements, the time bar for claims in the receivership, the impact of policy language on the guaranty fund's statutory limits, and residency and other requirements of the guaranty fund act.
  • Advising and providing coverage analysis under Environmental Impairment policies.

Insurance:  Defense Litigation

We have a long history representing individual and commercial insureds and self-insureds in claims arising out of general negligence, professional liability, premises liability, product liability, employment practices, environmental impairment, errors and omissions, fiduciary liability, toxic tort, workers' compensation and other areas of insurance coverage.

We regularly provide insurance carriers and policyholders with advice and representation involving complex coverage issues involving a commercial general liability, professional liability, D&O, employer practices, environmental impairment, E&O, excess insurance, reinsurance and various specialty issues. We represent clients in state and federal courts as well as in arbitration proceedings and in hearings before administrative agencies.

Probably the largest component of most casualty insurers' claims exposure involves personal injury litigation arising out of injuries occurring on commercial or residential property or in motor vehicle accidents, and claims against commercial establishments for intentional torts such as false arrest, defamation and false imprisonment.  We have handled such claims for carriers and their insureds for over 60 years in all levels of state court, federal court and arbitration. Among our self-insured clients in this area is one of the region's most prominent developers and managers of commercial and retail business space, as well as several national retailers for whom we handle premises liability and shopkeeper liability claims.

We have also been active in the defense of property claims and suspicious casualty claims, with particular experience with arson and other fraudulent claims. In such matters we work closely with our clients' special investigative units and with law enforcement authorities.

In addition to handling individual claims, we have served as regional and national coordinating counsel in various specialty areas. We are actively involved in advising clients and litigating issues concerning insurer insolvencies, and represent state guaranty funds throughout the country.

  • Best Law Firms
  • Chambers and Partners Designation
  • AM Best Designation

Client Alert: COVID-19 and Medical Professional Liability

During this unprecedented global pandemic, much of our attention has appropriately focused on the physical protection of medical professionals from COVID-19.  But, in the coming months and years, the focus will shift toward the legal protections afforded to medical professionals treating [suspected] patients of COVID-19.

Medical professional liability laws vary by state.  Generally, immunities are afforded to providers through legislative measures.  In a time of emergency, such as the current pandemic, these immunities can be executively ordered.

Client Advisory: Coronavirus and Upcoming Events – Risk Management

Spring and summer are the primary months for many associations to hold their annual meetings and special conferences. For many associations, this single event is their largest source of non-dues revenue. It can be a disaster if the event is curtailed or cancelled.

A Record 11 Whiteford Lawyers Recognized as Benchmark Litigation Stars

Earlier this year, Benchmark Litigation named Whiteford, Taylor & Preston its 2019 “Maryland Law Firm of the Year.” Today, the widely respected guide to leading litigation firms and lawyers has announced that a record eleven Whiteford attorneys have been named 2020 “Litigation Stars” and “Future Stars” in Delaware, Maryland and Virginia.

U.S. News Awards Top-Tier Rankings to 46 Whiteford Practices, Including 18 Nationally

Whiteford, Taylor & Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2019.  Eighteen of the firm’s practices are ranked at the national level, including two practices with national Tier 1 rankings:  Litigation and Bankruptcy.  At the state level, an additional forty-six practices have been ranked in Maryland, Washington, D.C., and VA.

Whiteford, Taylor & Preston Recognized as National Tier 1 by U.S. News and World Report

The 2017 edition of U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded Whiteford, Taylor & Preston LLP exemplary ratings in its seventh annual rankings of law firms.

Twenty of the firm’s practices were ranked at the national level, as well as thirty-seven in Maryland, ten in Washington, D.C., and two in Roanoke, VA.